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safe the acceptance of their first offer of a fourth part, they shall not onely
acknowledge and publish his Ma""' said goodnes, but also studiously apply
themselues to their vtmost endeauo" to raise to his Ma"" so large a profiitt
out of that fourth part, as may be, answearable to the expectacon of mayn-
teyninge the former Revenue.

The next considerable pointe in the Contract is ||in|| the matter of custome,
wherein the Companies haue yealded to pays vj'' p " for Roll Tobacco and 4'^
for leafe for so much thereof as shall belonge to their pt^; Nowe forasmuch
as diuers of the Opposite pt, haue informed the Courts that the Customers are
nowe willinge in fauo"' of the Plantations to take onely 3" the pound one with
another: They are bold vpon this occasion to renue vnto yo"' W" remembrance
that w"" formerly they haue deliuered to this Hono*"" Bourd vizt That by his
Ma""' Letters Patents of foundacon of the said Plantation the Companies and
their Successors both Aduenturers and Planters are for euer discharged from
all Taxes and imposicons to be laid by his Ma"" liis heires and Successors
excepting onely the fiue p centu after the vse of Marchantf, and seinge that
6" p " for roll Tobacco and i** for leafe expressed in the printed booke of ratC
was sett before there was any Tobacco in the said Plantations and there is an
order sett downe in the said booke of rat< that for all other Comodities offiitted
in the said Booke they shalbe valued by MarchantC from time to time as there
shalbe occasion: The Companies did agreeably therevnto peticon that for the
Tobacco of y" Plantacons (beinge not of halfe the value to the Spanish Tobacco
||w""|| was rated in that booke at Ten shilling^ Roll, and Six Shilling^ eight
pence leafe Tobacco the [24:7] pound) there might be a newe and indifferent

MARCH H, 16^S 339

valuaCon made by it selfe accordingly as was donn in the same Booke, for
lynnen and Wynes of the same kind^ but of different Countries, respect
alwayes beinge had to the ||true|| value of the Coffloditie:

Divers of yo' 11"' also may be pleased to remember that vpon his Ma" Procla-
mation for prohibitinge the plantinge of Tobacco in this Realme the said Com-
panies beinge called before the LordC then Comissioners for the Treasurie and
treated with for the payinge of 12'* the pound for Roll xobacco, and 10'^ for
leafe that is to say for an addicon of 6" p " to the said former rat^: The Com-
panies in thankf ull acknoweledgment of his Ma" grace did yeald therevnto for
the terme 3ly of Hue yeares; yet with this protesta5on that they did yeald
onely 3" the pound for the Custome and the rest in thankfull retribuCon to his
Ma"° w"'' Proposition they desired might be entred in their It"' Record^: The
Companies (yet || therefore || without intent to infringe the said Contract in
any thinge) most humbly beseech yo'' Tt"' that if the Customers be content to
accept of the said 3* for Custome, w"" in lawe and equity is more then their
due that the same may be accordingly ||sett|| downe in this Contract: But if
the Customers as some conceaue haue onely made this oft'er to drawe on the
Customers Companies into f arr greater inconveniences, (amongst w''*' the depiiu-
inge them of the said sole Importacon) then in that case they shall become
most humble Suitors vuto yo'' IT"' that with 3'o'' It"' good fauo'' they may try
the validity of their Patents with the said Customers, and pay them so much
as b}' iudgement of lawe shall fall out to be due vnto them.

And ||as|| touchinge the sole sale of all Tobacco imported to be likewise man-
aged by the Companies, they havinge taken it againe into verie serious con-
sideracon do finde by all reason and experience of MarchauntC that it will
gi'eatly aduance the price of the Comodit}' and consequently as well that of his
Ma" part as that of the Aduenturers and Planters And as for the reasons made
b}"^ the Opposite part they conceaue them to be light and priuate, ||as|| tendinge
only to the aduantage of some fewe who either b_y vsurpacon or oppressiue
courses in the Plantations or here at home b3- some extraordinary art and dex-
terity beinge able to ouerreach or outgoe their fellowes desire to goe single
from them in all their courses, but to the generaJl good (w*^*" the Companies
are bound to respect) they hold the contrarie Proposition to be extreamely

Lastly concerninge the pooi'e Planters of whome the Companies haue (as they
ought) a speciall reguard yo'' 11"' may please to be informed that the ijuantitie
of Tobacco brought home in right of their proprietie is for the most part verie
smale it beinge expended in the Plantacons amongst the Marchant< tnidiuge
thither with their seuerall necessarie Comodities But for the poore Planters
w'''' [24-8] themselues came ouer in psou and need a more speedie returne then
the ordiuarj' course of the Companies sale may perhapps afford, there haue


been diuers extraordinarj- waye.s taken into consideracon and concluded on by
the Courts, too longe here to trouble yo'' ll'" with the expressinge of them in
pticular beinge ready if yo"' IP" require to be shewed vnto you out of their bookC

And whereas it hath bin informed by some in the Courts that the Lord ||Tfer||
in reliefe of the said poore Planters and for the furni.shinge of them with readie
money would be content that his Ma'° part should be paid in at one payment
at the end of the yeare: They conceaue that the addicon of this extraordinary
fauo"' will giue the Companie abundant meanes for the poore Planters reliefe
whereof the Companies shall make vse accordingly.

ffinally the said Companies with vuanimous consent in all sincerity and duety
are bold to affirme and that confidently to j'o'' IT"' that hauinge thus taken the
Contract assunder into his seuerall part^ and reexamined the same with their
best vnderstandinge and skill thej' doe not finde any iust cause of so greiuous
complaint against it, as hath bin made by those men who beinge Members of
the Companie and most of them hauinge bin present at the uegotiatinge of the
said Contract and hauinge giueu their expresse consent vnto it, do nowe \'pon
priuate humo'' oppose against it, valuinge their owne willC aboue coffion con-
sent and the iust rules of goucrment: Notwithstandinge if it shall please his
Ma"" and yo'' Hono''"' IP' in tender care and fauo' of the said Plantations to
graunt a qualiticaCon of the points of the Contract before expressed: both the
Companies and Plantacons shall thereby receaue a singuler encoui-agem' to
proceed in their labourious and costly courses of bringinge the said Plantacons
to their desired pfeccon and remaine euer studious by their vttermost endeauo"
to expresse their thankef nines first to his Ma'" and then to yo"' IP' for the same:
And howsoeuer the Companies vnanimouslj' desire that the said Contract may
proceed, and be continued for these seaueu yeares formerly accorded.

At a Court held for Virgiota on Wedensday



Right bono""

Ea: of Warwick. Colonell Ogle.

Lo: Cauendisli. S''Nath: Rich.

Lo: Pagett. IIS' Edw 8ackuill.|| S' Sam: Argoll.

S' lo : Brooke. S' Thomas Wroth.

S' Edw: Saudis. ||S' [Edw:] Horwood.|| [249]

APRIL 2, 1623


Aldfan lohnson.
Doctor Gulstone.
m'' Deputy,
m"^ lo: fferrar.
m' Edw: lohnson.
m' Wolstenholme.
m"^ Palavicine.
m'' Wilmer.
CaptNath: Butler,
m' Bing.
m' Palmer,
m"^ Berblock.
m"^ Barbor.

Im"' ffursnan.ll
Im'' Copland. II
Im"' Baynham.ll
Im"" Vyner.ll
m'' Leuer.ll
im" Coytmere.ll
m"^ Hart. II
m'' Harwood. ll
Im^ Taylor. II
Im"' Boothby.ll
m' Edwards. II

llm'' Christ. Brooke.
llm'' Haruey.ll
||m^ Gibbs.ll
llm'' Tomlins.ll
||D^ Anthony. II
|| m' WiddowcH. II
llm' Withers. II
||m' Bennett. II
ll m'' Caning. II

m"' Wiseman.

m"^ Ley.

m'' Meuerell.

m"" Bull.

m'' Sheldon.

m' Norwood.

m'' Widdowes.

m'' White.

m^ Cuff.

m"" Briggs.

with diucro others.

Im'' Ewens.ll
|m' Dounes.ll

m' Caninge.
m' Scott.
m'' Balmford.
m'' Addison,
m'' Combe,
m'' Ro: Smith.
m'' Roberts,
m' Caswell,
m'' Nicholls.
m'' lad win.
m' Hobbs.
m' Rogers.
m'^ Waterhouse.

llm' Bland. II
||m' Webb.ll
||m' Wade.ji
llm' Ryder. II
1 1 m' Moore [r]. 1 1
llm' Southerton.
llm' Wye. II
||m' Barnard. II
llm' More. II
||m' Tniloue.ll

||m' Seaward m' Banham m' Woddall m' Newport m' Newport
Woodnorth m' Georg Smith m' Witherell m' Rogers Junior m' Perry
m' Elkington m' RobertC Junior w"" diuers others. ||

At^ this Court was read first the Court held the Two & twentith of
ffebruary ; w* after some pause and noe man taking excepeon thereat,

' At this point in the manuscript the handwriting changes to that of the unidentified copvist,
referred to above as the "first copyist."


was putt to y* question, whither the Company conceaued the said
Court to be in effect and substance truly sett downe ; It was by a
generall ereccon of hand^ (noe one dissenting) approued to be rightly
sett downe.

Secondly there was read y" Court held the ffoure & twentith of ffeb-
ruary, whereat noe man taking excepcon, it was in like manner putt
to the question, and by a generall ereccon of handC (noe one dissent-
ing) approued to be rightly sett downe.

Thirdly there was read the Court held the nyneteenth of March
following ||followinge||, w"** by a generall ereccon of hnndC (noe ono
diaacnting) |lby a generall erection of hand^ no one dissentinge|| was
||ailee|| confirmed to be rightly sett downe.

Lastly was read the Court held the ffoure & twentith of March, w*
after some pause and noe man taking excepcon was putt to ye quea -
tion & by a generall ereccon of handg Hput to the question and by a
generall erection of handCll approued to be rightly sett downe noo one
dissenting ||no one dissentinge||.

After this there was read the Letter receaued by y" lames from the
Gouernour and Counsell of Virginia, who desiring that their humble
thankC might be presented to his Ma*'^ for his gracious fauour in that
supply of Armes & Munition sent them ; the performance thereof
was recomended by the Court to S"^ Edward Sackuill ; who was also
desired vpon fitt opportunity to moue his Ma"° for y® ffoure hundred
young persons formerly peticoned.'

M' Palauicine moued in m' Wrotes name for a coppy of his Sentence,
w"'' was ordered accordingly should be giuen him by the Secretary.

S*^ Nathaniell Rich said, that hauing had of late speech w"" the Lo:
Treasurer, he vnderstood from him soemuch, as he conceaued, that
if the Companies would peticon, they might haue the Sole Importacon
of Tobacco, w"" the excepcon onely of fforty thousand weight of
Spanish Tobacco to be brought in yearely ; wherein they should haue

'This is probably the letter referred to in List of Records, No. 400, Vol. I, page 163, wrde.

APRIL 2, 1623 343

more fauour then any other vndertakers ; He therefore moued, that
the Companies would accordingly peticon the Lord Treasuror. This
mocon was by some liked [350] and approued, who affirmed, that the
Companies hauing the graunt of bringing in the Spanish Tobaccoes
might farme it out to others and thereby gayne 1000" yea perhaps
2000" a yeare. But herevnto answere was made, that it were better
for y® Company, that the Importacon of Spanish Tobacco (since it
must need? be graunted) should be in Strangers handC then in y^ Com-
panies; who could better looke to it, & prevent the stealing in, then
they could ; w"'' could not be done by them, but by raysing a gi-eat
deale of charge for Salaryes (a thinge soemuch declaymed against)
And for the matter of Sole Importacon, w"'' the Companies had soe-
much desired, that was a totall exclusion of all forraigne Tobacco w^*"
the Companies sought for; But if there was a necessity, that a cer-
tayne quantity of forraigne Tobacco must be brought, it was all one
to the Plantacons, whither it were in the Companies or others handC;
But if soe be it could e©* liuot|| be procured ||from|| his Ma"® and the
Lo : Treasuror, that a Sole Importacon of Tobacco should be graunted
to the Companies, w'" a forbidding of all others (except for some
smale quantity) and that for Two or Three yeares at y^most, and this
to be confirmed by his Ma" Lfes Pattents, and that together w'" the
abatement of Three pence in y" pound and the Companies left to their
libertie to bring in what they pleased ; that were indeed a singuler
fauour vnto the Plantations, and the Companies should be highly
beholding to those Gentlemen by whose meanes it should be procured
& obteyned.

As for this mocon (as it was propounded) it was not conceaued to be
any more in substance, then that whereas there is a quantity of 40000
w" of Spanish Tobacco to be brought in, the Companies should haue
the farming of it, w''" was not conceaued any such benefitt, as the
Companies should moue therefore.

But in case there were an intent to gi-aunt a free importacon of all
sortC of Tobacco vnstinted, w"*" in reguard, that the State had me
w"" soe much prudence, reduced to the quantity of 60000 weight, was
not to be imagined the free importacon, hauing beene found soe great


a detriment and damage vnto this kingdome : It was then generally
adiudged, that the Court ought to vse all possible meanes & dilligence
to prevent that w"*" would vtterly vndoe the Plantacons.

Wherefore S'' Nathaniell Rich was desired by the Court, to bring his
Propositions well digested, & fully to informe himself e, what fauours
they might hope to obtaine & vpon what retribucon ; for as the Prop -
osition was now made, it was not conceaued any thinge beneficiall, or
that the Companies should stirr in it.

There was presented to this Court a peticon of Captaine lohn Martins ;
wherein he declared w*** much thankC his humble acceptance of the
Pattent that was offered him ||by the Company || although in y^ matter
of rent it differed from the Earle of Southamptons. And whereas it
was signified, that Captaine Martin being by his sayd Pattent to haue
[251] his Land sett out and bounded w^^in the Territories of Martin
Brandon he desired these wordC might be added, namely, in that
place whereof he was formerly possessed : And further that in the
Habendum of his sayd Pattent after the wordC Waters, Riuers, there
might be added these Two wordC Marshes, Swamps C w"*" the Court
agreed vnto & ordered the Secre should putt them in.

And touching his Three demaund^ in his sayd Peticon, the Court hath
promised, first that if it shalbe found by any Court Roll, either here
in England, or in Virginia, that the first and ancient Planters should
haue ffiue hundreth acres for a share (as he supposeth) , he shall haue
the same proporcon allowed him; or if any larger Pattent shalbe
graunted hereafter, he shall haue the like fauour vpon his peticon for
y* enlargem* of his.

Touching his second request for some allowance out of y* publiq, for
his place of Mastership of the Ordiiince, as other Officers lately gone
ouer haue had ; the Court hath promised, that when the Publiq, shalbe
able to spare any men, his request shalbe taken into consideracon.

Concerning his Third request for a Comission to the Gouernor &
Counsell of Virginia, to examine the wrongs & detriments done vnto
him by S'' George Yeardley in the time of his Gouernem' since ; & that

APRIL m, 1623


vpon proofe thereof made, they may cause him to make restitucon ;
The Court hath ordered, that direccon shalbe giuen by Lfe to the
Gouernour & Counsell there to proceed therein accordingly as is
desired ; who shalbe entreated to affoord Captaine Martin all lawfull
fauour, as to iustice shall app'taine.

The Court being moued for a Pattent for m'' Roper & m' ffitzieffories
vndertaking to transport One hundred persons, & being to goe ouer
themselues this next Shipping to Virginia, ordered a Pattent to be
drawne vp for them against the Qi;arter Court.

Vpon mocon for a Comission for y^ George for transporting Passen -
gers to Virginia, the Court ordered a Comission to be drawne vp.

An extraordinary Court held for Virginia and the


THE 12^" OF Aprill 1623.


Right hono"'^ Lo: Cauendish.
Lo: D' La war.

S'Edw: Sackuill.

S^Edw: Sandis.

S'lo: Ogle.

S''Edw: Horwood.

m'' Gibbs.

m' lo: Smith.

m^ White.

m' Nich" fferrar Dpt.

m' lo fferrar.

m' Balmford.

m'' ffreake.

m"^ D' Lawne.

m^ Morgan.

m*^ Ley.
m^ Ditchfield.
m' Nicholls.
m' Wheatly.
m' Caswell.
m"^ Palavicine.
ni' Hobbs.
m' Copland,
m^ Thaire.
m' Baynham.
m' Scott.
m"" Stubbs.
m' Perry.

m'Edw: Waterhouse.

m' Swinhoe.

m' ladwin.

m' Widdowes

m' Robbins.

m' Withers.

m' Bennett.

m' Melling.

m' Strange.

m'' Moore wood.

m' §Iohn§ Collett

m' Swaine.

m' Webb.



m' Moorer.
m'' Colehiirst.
m' Etheridge.
m"' Bland,
m^ Bing.

m"^ Berblock.
ni'^ Barbor.
m'' Wolstenholme.
m'' Shepherd.
m' Newport.
m' Seaward.
Ill'' Watson,
m"^ Downes.

m' Owen Arthur.

m' Geo: Smith.

m'' Lambe.

m'^ Truloue.

m"^ Rider.

m' ffra Waterhouse.

m"' Tomlins.

m'' Windham.

m' Derge.

m'' Southerton.

m'' Woodnott.

m'' Hackett.

m' Cuff.

m' Clarke, w"*

diners others. [252]

The Lo: Cauendish acquainted the Company, that the cause of call-
ing this Court at soe vnseasonable a time, was to acquaint them, how
that Alderman lohnson together w"' some others his Associate had
presented a peticon to his Ma*'" complayning much of the misgov-
ernem' of the Companies and Plantacons these Last ffoure yeares ;
w"*" to the intent it might not make any impression in his Royall
breast to y^ preiudice of the Company, his Lo^ conceaued, that the
Company were to thinke of some present course, to giue his Ma*'^
satisfaccon by a true Declaracon both of the State of the Colony, & of
the cariage of businesses here at home by the Company. But to the
intent they might proceed herein w"" greater certainty, the Court sent
some of the Company to m' Alderman lohnson, to desire him, either
to bring or send them a copie of that peticon, w*"" he had deliuered ;
who returned answere by them, that he had noe coppy of the Peticon,
nor did knowe of any that did keepe a coppy thereof, and that the
Peticon was not against y" Company ; w'''" was likewise affirmed by
some of them who were present in Court, & had beene at the deliuery
of that peticon; desiring the Company not to epgage themselues
therein, vntill they sawe the Peticon (jjrofessing that they intended
the good of the Plantacon and the Company as much as any other)

APRIL 12, 1623 347

Where vpon they were desired to declare what it was they had com-
playned of; & who the persons were, it being sayd by the Lo: Cauen-
dish, that if they did not finde themselues agrieued w"" the Company,
they ought not to haue complayned to his Ma"", vntill they had
acquaynted the Court w"" their grievance, & seene what remedy by
them would haue beene apply ed.

Wherevpon m' Palavicine (being one of them that was at the deliuery
of the peticon) sayd, that the things w"'' they chiefly complayned of,
were perhaps such as the Company had beene often moued about, &
would giue noe redresse in.

Wherevpon S' Edward Sackuille sayd, that although Aldfan lohnson
would not send a coppy of y" peticon, yet himself e and some others in
y' Court, could fully & certaynly inf orme the Company of the sub -
stance thereof. He sayd therefore, that Peticon was in effect a com-
parison of the Gouernem* in former tymes w'^ the latter ffower yeares,
& that in Three points.

ffirst that in former times, the Gouernem' was soe mild & moderate,
as a multitude of Aduenture" were brought in ; but now there was
much oppression and iniury off red both to Aduenture" & Planters.

Secondly that whei'eas formerly things were carryed quietly both here
and in y" Plantacons; now there was nothing but contencons & dis-
sentions to y" ruyne allmost and ouerthrowe of the Plantacons.

Thirdly that whereas diners excellent Comodityes were formerly sett
vp, now there was nothing but Smoke & Tobacco. Wherevpon they
desired his Ma"" that a Comission might be awarded, that these things
might be amended.

This being deliuered vpon his certen knowledge to be the substance
of y* Peticon & confirmed by y* Lo: Cauendish, it was by a generall
ereccon of handC conceaued, that this Peticon and Comjilaiut was
against the Company it selfe ; and so that they accordingly ought to
iustify themselues, & to defend their proceedings against these vniust


& vntrue informacons [253] but yet withall for y* very issue of -f
Peticon it selfe, the Court liked very well, and by ereccon of hand<
ordered, that a Peticon should be p^sented to his Ma"" in y" name of
the Company, to beseech his Ma*'" that the Lord< of y" Counsell might
haue y" examinacon of these things, and that their Innocency or
guiltines might be cleared or punished. And in y" meane while, for a
true inf ormacon of his Ma"", the Lo : Cauendish presented to y" Court
Two seuerall writings, the one being a declaracon of the State of Vir-
ginia comparatiuely w*" what had beene done in former tymes, w''*' by
order of the Earle of Southton was drawne vp by some of the Coun-
sell at Christmas Last : W'' being now read and weighed from point to
point, was w"" some small alteraeons approued and confirmed by y"
Court, & ordered to be deliuered to his Ma''' as their Act, being this
w"*" followeth vizt.

A Declaracon of the present State of Virginia

humblj' presented to the Kings most excellent

Ma"' by the Company for Virginia.

May it please your Ma"'

In the end of December in y" yeare — 1618 — being the Twelueth yeare' after
y' begininge of this Plantacon and after the expence of ffourskore thousand
pounds and vpwards of the Publiq, Stocke besides other Sums of voluntary
Planters ther were remayninge then in the Colony aboute Six hundred psonns
men, weomen and Children and Cattle aboute Three hundred att the moste.
And the Company was then lefte in debt neer Hive Thousand pound.

Att this time through (Gods blessinge) notw"'standinge the great mortalities
w"" in some of these fower latter j-ears, haue generallj' seized vppon all those
pts of America and besides the last ||late|| Massacre of aboute three hundred
and ffiftie personns and a great mortallytie therby occasioned by beinge dryven
from their Habitacons and pvisionns, there are remaj-ninge as wee compute
aboue ffive and Twenty hundred psonns sent w'" the expence onely of Thirty
Thousand pounds of the publique Stock besides the charges of perticuler
Societies and Planters, And y' Cattle what by new Supplies and what by
encrease of the former provision, are nuiltiplycd to aboue one Thousand of
beastC Besides Goates and of Swine an infinite nomber. And the old Debt of
y° Comp": hath been discharged.

'The rest of thia declaration is in the autograph of Nicholas Ferrar's aeeistant, Thomas Collett(7).

APRIL 12, 1623 349

Att y" begi'ninge of these last 4 years y" onely Comodities of price and vppori
w°'' onely a ValiiaCon was sett to maynteyne the Trade were Tobacco and Sax-
afras, ffor in y" two last years before ther was no course taken for y' settinge
vpp of any other through y" pouertj' of y" Comp':

Duringe these 4 last years there hath been expended in settinge vpp of Iron
Work< {j" Oare wherof is ther in great plenty and excellent) aboue tfive
Thousand pounds: w"" worke beinge brought in a manner to pfeccon was
greatly interupted by the late Massacre, butt ordered to be restored againe
w'" all possible dilligence.

flfor the makinge of Wine itt is to be knowne y' the soyle there doth of itt
selfe produce Vines in greate aboundance and some of a verie good sorte,
besides dive" Plants haue been sent thither of the better kindes of Christen-

Ther have been allso sent thither Eight Vigneroones pcured from Langue-
dock, & careful! order hath been taken for the settinge vpp of that Comoditie,
w"*" wee doubt not in short time will shewe itt selfe in great plenty. And
had not the buisines been interrupted by y" Massacree err this the effects had
been seen, there beinge divers Vyneyeards planted in the Country wherof
some conteyned Tenn thousand Plantes.

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